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violation of women's human rights

2013|Cong. Hoyer

Letter to Congressman Hoyer, Holmes Norton, and Senator Mikulski, Cardin, Landrieu requesting assistance in requesting the US Department of State assure that the American Embassy in Madrid fulfill their obligation to assure the defense and protection of the rights of American victims of domestic violence living in Spain.

Per our conversation on July 12th, please find enclosed a copy of my letter to you dated June 28, 2013. As I stated in our conversation everything that I have been requesting from the US State Department (Oct. 2007 – until present) is clearly provided for, and mandated by 7 FAM and 22 CFR (see enclosed) of the US State Department, as well as federal and international law.

Additionally, as you may note under art. 10.735-215(b) (General conduct prejudicial to the Government), Consular member of an American Embassy abroad is “obligated to obey the laws of the country in which the employee is present.” State Department officials of the American Embassy in Spain have been under a legal obligation to assist me, as well as report any criminal activity of which they have, or have had knowledge, under art. 195, 408, 412.3, 450, 451, 453, and 511 of the Spanish penal code, inter alia. Their failure to do so is a criminal offense under Spanish law.

Consular officials have been under a legal obligation toreport any and all criminal offenses of my ex husband (including but not limited to violence and fraud) to appropriate Spanish authorities. They have also been legally obligated to report any and all acts and omissions of acts of my legal counsel, court personnel and presiding judges which constituted criminal offenses in and of themselves, or by which these actors by their acts or omissions of acts have become accessories to the crimes of my ex husband (including but not limited to all and any form of violence or intimidation as well as fraud.)

My present request that the American Consulate contact the Spanish Bar Association requesting that they exercise due diligence in examining my complaint and investigating the allegations against my lawyers is not only provided for under international law (a States obligation to protect, Gonzales vs. USA, 2011 inter alia), but under Spanish law; reporting criminal activity to the appropriate authorities.

The fact that US State Department officials might be unaware of their obligation under international or Spanish law to effectively report criminal activity (or how to go about doing so) is completely irrelevant. Ignorance of the law is no defense.

I call particular attention to my letter to Peter Peticukis – US State Department, Assistant Secretary of Consular Affairs–Spain (dtd. July 21, 2009) posted on http://worldpulse.com/node/64031 in the attached document Correspondence with US State Department & US Government Official 20007- 2010 p. 3-4, see enclosed.) In that letter I clearly enumerate what the Consulate in Madrid should (and legally could) be doing in my case; finding it rather incredible that I, a US citizen would, have a better appreciation of what actions US State Department officials should be taking in the situation at hand.

The crux of the problem (in protecting victims of abuse, inter alia) was stated by Under-Secretary-General and Executive Director of UN Women Michelle Bachelet, said in her closing remarks to the Stakeholders’ Forum on Preventing and Eliminating Violence Against Women “there is no shortage of good and innovative practices and programmes being initiated by women in cities and communities around the world to respond to this crisis. The shortcomings are not in the vision, voices and the voluminous efforts undertaken by determined women around the world. No, the shortcomings lie elsewhere—in the lack of political prioritization…Now is the time for governments to translate international promises into concrete national action….”

If American Consulates were systematically complying with the protocol and mandates set forth in 7 FAM and CFR 22 (as well as heeding my recommendations in addition to the myriad of recommendations other domestic violence advocates are proposing) American victims of domestic abuse living abroad would be receiving the assistance they need, and the US government would be fulfilling their legal obligation “to protect” under international law.

To this end I am respectfully requesting that Congressman Hoyer’s office, respectfully request that the US Department of State, Division of Consular Affairs comply with my request to respectfully request that the Bar Association of Madrid (Ilustre Colegio de Abogados de Madrid) examine my allegations, investigate the facts of my case with the highest level of diligence, and assure that any lawyers that have violated their deontological obligations, and/or violated Spanish law be held accountable for their actions.

As I indicated in our conversation, my case is no longer just about my personal case, but about bringing accountability and transparency to family courts.

Thank you for following up on my case in your letter to me dated May 15, 2013. Per our conversation several weeks ago, I am sending you a copy of my most recent correspondence to Ms. Namde, European Division Director, Office of American Citizen Services and Crisis Management of the US Department of State, and the Consul General and Ambassador Solomont in Madrid. (My complaint to the Bar Association of Madrid is posted on http://worldpulse.com/node/72778.)

Additionally, enclosed is a copy of my correspondence to Patrick Kennedy, Under Secretary of Management, US Department of State. My previous correspondence to the US Department of State and White House Council on Women and Girls is posted on http://worldpulse.com/node/64031, and correspondence to US Congressional members is posted on http://worldpulse.com/node/64298.

Please find enclosed a copy of Ms. Namde’ s correspondence to me dated May 3, 2013, in which I understand that the American Consulate in Madrid does not have the intention of complying with my request (see enclosed letter to Consul General of Madrid) to contact the Bar Association in Madrid on my behalf. I quote:

“We understand that you were not satisfied with the legal representation you received in Spain and that you plan to pursue a formal complaint there. As we explained previously in our communications, the US government may not intervene in the private legal matters of US citizens in foreign domestic courts. We are prohibited by federal regulations from acting as attorneys or agent or in any fiduciary capacity in 22 CFR92. You can find more about the Spanish legal system generally and a list of Spanish attorneys at the US Embassy website at http://madrid.usembassy.gov/citizen-services/professional-services/legal-assistance.html.”

As indicated in my correspondence to Ms. Namde, as well as other correspondence to US State Department officials (June 24, 2013,) my requests for assistance have at no time been for legal services or advice, and/or inappropriate intervention or influence of legal proceedings in Spain by the US government or its representatives. At all times my requests have been in total accordance with international law, Spanish law, US law, and are even mandate by US and international law as well as US Department of State guidelines and regulations, notably 7 FAM and 22 CFR.

After the refusal and failure of the Defensor del Pueblo, Consejo General del Poder Judicial and the Instituto de Mujer to investigation my allegations, the fact that sanction rates of Bar Associations are 2-2 ½%, and that the cover-ups of domestic abuse within judicial proceedings is widespread (and even the status quo,) it is highly improbable that my complaints will be accorded appropriate and diligent consideration by the Spanish Bar Association. As several of my negligent lawyers stated when I indicated that I was documenting all irregularities “So what! We do this all of the time, who are you going to tell!” And, effectively as my research indicates, once of the principle problems in the entire matrix is the lack of good governance of family courts by regulatory agencies.

The failure of the Bar Association of Madrid, as well as all other agencies, to diligently investigate and take appropriate action against negligent judicial actors will give rise to a liability of the Spanish government for human rights violations under the principle of due diligence and the obligation to protect; necessitating litigation within the European Courts of Human Rights.

It is my greatest desire to avoid this eventuality, and assure an expeditious and final resolution to my case in Spain. I believe it is in the interest of all parties to avoid further litigation, and hope that the Consulate will fulfill their obligation under international law, US federal law, and US State Department guidelines (7 FAM and 22 CFR,) providing me with the assistance I have requested.

To this end I am respectfully requesting that Congressman Hoyer’s office, respectfully request that the US Department of State, Division of Consular Affairs comply with my request to respectfully request that the Bar Association of Madrid (Ilustre Colegio de Abogados de Madrid) examine my allegations, investigate the facts of my case with the highest level of diligence, and assure that any lawyers that have violated their deontological obligations, and/or violated Spanish law be held accountable for their actions.

As I indicated in our conversation, my case is no longer just about my personal case, but about bringing accountability and transparency to family courts. In the past 6 years, I have read thousands and thousands of pages of reports, and listened to testimonies from hundreds of women in the USA and Europe. Family courts are completely and totally out of control, and literally millions of children around the world are suffering unspeakable atrocities everyday; sanctioned by the very systems which are under an obligation to protect them.

The agencies, systems, laws, and protocol to address these problems, bringing accountability and transparency to the courts do exist, but they are not being respected, followed or utilized. My insistence that proper protocol, rules and laws be followed and obeyed in my case (by judicial actors and US State Department personnel) is for the simple reason that if this was done on a systematic basis, then the pain and suffering of so many millions of women and children could be avoided.

As Under-Secretary-General and Executive Director of UN Women Michelle Bachelet stated in her closing remarks to the Stakeholders’ Forum on Preventing and Eliminating Violence Against Women “there is no shortage of good and innovative practices and programmes being initiated by women in cities and communities around the world to respond to this [violence against women] crisis. The shortcomings are not in the vision, voices and the voluminous efforts undertaken by determined women around the world. No, the shortcomings lie elsewhere—in the lack of political prioritization… Now is the time for governments to translate international promises into concrete national action….”

For your convenience, and so that you might fully understand the facts of my case and my work at present, in addition to the afore mentioned enclosures, I am enclosing the following:

A time line of my case (2004-2013)

My complaint to the United Nations, Commission on the Status of Women against the Spanish government for human rights violations under their obligation to protect and the principle of due diligence

Family Courts in Crisis Newsletters (May and June 2013)

Information about Global Expats

If you should require further information, or have any questions, please feel free to contact me at quenby@global-xpats.com or 00.1 (202) 213-4911.